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(영문) 서울중앙지방법원 2016.09.27 2016가단5011137

사해행위취소

Text

1. As to KRW 19,728,335 and KRW 19,082,385 among the Plaintiff, Defendant A’s year from October 21, 2015 to April 2, 2016.

Reasons

1. Facts of recognition;

A. (1) In the event of a claim for indemnity, the Plaintiff entered into a credit guarantee agreement with Defendant A on November 3, 201; (2) on September 17, 2013; and (3) on September 17, 2013; and (3) issued a written credit guarantee agreement with each of the credit guarantee agreements (hereinafter “guarantee 1”; and (4) Defendant A submitted each of the credit guarantee agreements to the banks and received loans from Defendant A, respectively.

(2) According to the above credit guarantee agreement, if Defendant A did not repay the loan to the bank within the due date, and the Plaintiff performed the guarantee obligation, Defendant A agreed to pay to the Plaintiff the amount of subrogated payment made by the Plaintiff and the damages for delay determined by the Plaintiff from the date of performance thereof to the date of full payment (12% per annum from October 21, 2015, the date of the instant subrogation to the date of full payment), and (2) all incidental expenses, such as legal procedure expenses, etc. paid by the Plaintiff to enforce or preserve the right by performing the guaranteed obligation.

(3) On June 18, 2015, Defendant A first caused a guarantee accident due to delinquency in principal, and the Plaintiff subrogated to KRW 16,831,199 in relation to the guarantee1 on October 21, 2015, with regard to KRW 2,528,476, and guarantee2.

Since then, the plaintiff collected 48,760 won in relation to guarantee 1 and 228,530 won in relation to guarantee 2 and 19,082,385 won in the amount of unpaid subrogation (2,479,716 won in the amount of unpaid subrogation related to guarantee 1).

The plaintiff paid KRW 645,950 as the legal procedure cost for the enforcement and preservation of the claim for indemnity.

B. (1) The establishment of a fraudulent act by Defendant A, on February 4, 2015, intends to sell shares in the real estate (hereinafter referred to as “instant real estate”) indicated in the attached Form A with Defendant B, and Defendant A’s shares in the instant real estate (hereinafter referred to as “instant real estate shares”).